I am a lawyer in Georgia and it has been my experience in Georgia the lender will move the court to modify the rescission procedure by having you tender the money into the court registry (15 USC 1635(b)) within a specified amount of time., usually 6 months. The mortgage will only be removed after this […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, TILA audit
Posted in Eviction, Modification, securities fraud |

submitted by NY Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that: (1) It is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud |

President Obama is taking on a very challenging task. A direct statement to the American people that their mortgages and notes are invalid, unenforceable or void would be portrayed as undermining contractual obligations. It would infuriate the investors who bought the worthless CDOs and undermine Obama’s enormous popularity with allegations of throwing the finance system […]

Tags: borrower, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

CBS News HOUSE OF CARDS CBS aired a 2 hour news special on the mortgage meltdown. For a change, the facts in it were entirely correct although some important facts were left out. There still remains a bias against the borrowers. While the case was made that the investors were defrauded and didn’t know what […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

From an attorney involved in foreclosure defense. I hope you are well.  I have been reading through your manual daily to absorb the breadth and depth and width of this mortgage meltdown…  I am so glad I was able to come to the workshop in Napa and meet you.  I’m sorry I missed your teleconference […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, rescission, securitization, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the […]

Tags: bailout, borrower, disclosure, Eviction, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, rescission, securitization, TILA audit
Posted in Corruption, Eviction, securities fraud |

countrywide-061308 “Fraud on the Market” at the core of the mortgage meltdown is hotly contested: millowitzvcitigrioup1-30-07

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, mortgage meltdown, predatory lending, securitization, TILA audit
Posted in Corruption, Eviction, Modification, securities fraud |

Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc […]

Tags: borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, RESPA, TILA, trustee
Posted in Eviction, Modification, securities fraud |

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal […]

Tags: bankruptcy, borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, rescission, securitization, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a […]

Tags: borrower, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, securitization
Posted in Corruption, Modification, securities fraud |